SB-0285, As Passed Senate, April 19, 2007
SUBSTITUTE FOR
SENATE BILL NO. 285
A bill to amend 1976 PA 388, entitled
"Michigan campaign finance act,"
by amending section 47 (MCL 169.247), as amended by 2001 PA 250.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 47. (1) Except as otherwise provided in this subsection
2 and subject to subsections (3) and (4), Except for printed matter
3 not subject to this act, a billboard, placard, poster, pamphlet,
4 or other printed matter having reference to an election, a
5 candidate, or a ballot question, that is an expenditure or
6 contribution under this act shall bear upon it the name and
7 address of the person paying for the matter and shall, except for
1 a candidate committee's printed matter, indicate that the printed
2
matter is paid for "with regulated funds". Except as otherwise
3 provided in this subsection and subject to subsections (3) and
4 (4), if If the printed matter relating to a candidate is an
5 independent expenditure that is not authorized in writing by the
6 candidate committee of that candidate, the printed matter shall
7 contain the following disclaimer: "Not authorized by any
8 candidate committee". An individual other than a candidate is not
9 subject to this subsection if the individual is acting
10 independently and not acting as an agent for a candidate or any
11 committee.
12 (2) A Except
for advertisements not subject to this act, a
13 radio, including satellite radio, or television paid
14 advertisement having reference to an election, a candidate, or a
15 ballot question that
is an expenditure or contribution under this
16 act shall identify the sponsoring person as required by the
17 federal communications commission, shall bear the name of the
18 person paying for the advertisement, and shall be in compliance
19
comply with subsection (3) (5), and, with
the following: except
20 for a candidate committee's advertisements, indicate that the
21 advertisement is paid for "with regulated funds".
22 (a) If the radio, including satellite radio, or television
23 paid advertisement relates to a candidate and is an independent
24 expenditure, the advertisement shall contain the following
25 disclaimer: "Not authorized by any candidate".
26 (b) If the radio, including satellite radio, or television
27 paid advertisement relates to a candidate and is not an
1 independent expenditure but is paid for by a person other than
2 the candidate to which it is related, the advertisement shall
3 contain the following disclaimer:
4 "Authorized by ..............................................".
5 (name of candidate or name of candidate committee)
6 An individual other than a candidate is not subject to this
7 subsection if the individual is acting independently and not
8 acting as an agent for a candidate or any committee.
9 (3) Except for website advertisements not subject to this
10 act, a paid advertisement on a website having reference to a
11 candidate and that is an expenditure or contribution under this
12 act shall identify by name the person paying for the
13 advertisement or, if the person making the advertisement
14 maintains the website, paying for the website and shall, except
15 for a candidate committee's website advertisement, indicate that
16 the advertisement is paid for "with regulated funds". If the
17 payment is an independent expenditure, the advertisement shall
18 contain the following disclaimer: "Not authorized by any
19 candidate.". If the payment is not an independent expenditure and
20 is made by a person other than a candidate committee, the
21 advertisement shall contain the following disclaimer:
22 "Authorized by...................................................".
23 (name of candidate or name of candidate committee)
24 An individual other than a candidate is not subject to this
25 subsection if the individual is acting independently and not
1 acting as an agent for a candidate or any committee.
2 (4) Except for website advertisements not subject to this
3 act, a paid advertisement on a website having reference to a
4 ballot question and that is an expenditure or contribution under
5 this act shall identify by name the person paying for the
6 advertisement or, if the person making the advertisement
7 maintains the website, paying for the website and shall, except
8 for a ballot committee's website advertisement, indicate that the
9 advertisement is paid for "with regulated funds". If the payment
10 is an independent expenditure, the advertisement shall contain
11 the following disclaimer: "Not authorized by any ballot
12 committee". If the payment is not an independent expenditure and
13 is made by a person other than a ballot committee, the
14 advertisement shall contain the following disclaimer:
15 "Authorized by...................................................".
16 (name of the ballot committee)
17 An individual is not subject to this subsection if the individual
18 is acting independently and not acting as an agent for a ballot
19 committee or any committee.
20 (5) (3) The
size and placement of an identification or
21 disclaimer required by this section shall be determined by rules
22 promulgated by the secretary of state. The rules may exempt
23 printed matter and certain other items such as campaign buttons
24 or balloons, the size of which makes it unreasonable to add an
25 identification or disclaimer, from the identification or
26 disclaimer required by this section.
1 (4) Except for a candidate committee's printed matter or
2 radio or television paid advertisements, each identification or
3 disclaimer required by this section shall also indicate that the
4 printed matter or radio or television paid advertisement is paid
5 for "with regulated funds". Printed matter or a radio or
6 television paid advertisement that is not subject to this act
7 shall not bear the statement required by this subsection.
8 (6) Only printed matter or advertisements that are subject
9 to this act shall bear the "with regulated funds" statement
10 required by this section. Any person who uses the "with regulated
11 funds" statement required by this section with respect to printed
12 matter or advertisements that are not subject to this act
13 violates this act.
14 (7) (5) A
person responsible for the
content of the printed
15 matter, radio, including satellite radio, or television paid
16 advertisement who knowingly violates this section is guilty of a
17 misdemeanor punishable by a fine of not more than $1,000.00, or
18 imprisonment for not more than 93 days, or both.